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Law Companion(Delivered Lead Judgment) EJEMBI EKO JSC

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Law Companion(Delivered Lead Judgment) EJEMBI EKO JSC CENTRE FOR OIL POLLUTION WATCH APPELLANT AND NIGERIAN NATIONAL PETROLEUM CORPORATION RESPONDENT SC. 319/2013 SUPREME COURT OF NIGERIA WALTER SAMUEL NKANU ONNOGHEN CJN MUSA DATTIJO MUHAMMAD JSC KUMAI BAYANG AKA’AHS JSC KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC JOHN INYANG OKORO JSC CHIMA CENTUS NWEZE JSC Law Companion(Delivered Lead Judgment) EJEMBI EKO JSC AT ABUJA, ON FRIDAY, 20TH JULY, 2018 ACTION- An incorporated NGO for the specific purpose of protecting the environment from being degraded has sufficient interest to sue. ACTION- Appellants herein – An NGO has the standing to sue NNPC who had acted in violation of its Constitutional obligation which has occasioned public injury to persons. ACTION- Claims of the plaintiff determines the jurisdiction of court. ACTION- Court- Duty of by Section 6 of the Constitution- Standing will only be accorded a plaintiff who shows that his civil rights and obligations are in danger. 1 ACTION- Government- Department of- Where transgressing the law which offends or injures the subject- Anyone including an NGO can sue to enforce the law. ACTION- In environmental matters, NGOs have requisite standing to sue to enforce the law and save lives and protect the environment. ACTION- Locus standi- Concept of is a common law doctrine developed in the context of private litigation- Its not static but evolves as the need arises. ACTION- Locus standi- Liberalizing the outdated technical rule of locus standi to effectively police the corridors of powers will prevent violation of laws. ACTION- Locus standi- Meaning of- When one is said to have locus standi. ACTION- Locus standi- Requirements of locus standi are unnecessary where these will impede the purpose of protection of individual rights. ACTION- Locus standi- Rigid adherence to former principles of locus standi will leave unchecked negative consequences of the oil spillage on the community. ADMINISTRATIVE LAW- In cases against Government- Attorney General is the dominis litis. Law Companion ADMINISTRATIVE LAW- Locus standi- Liberalizing the outdated technical rule of locus standi to effectively police the corridors of powers will prevent violation of laws. ADMINISTRATIVE LAW- Role of the state in preserving the environment for public health. ADMINISTRATIVE LAW- State owes the community a duty of care to protect them against noxious and toxicant pollutions. ATTORNEY-GENERAL- In cases against Government- Attorney General is the dominis litis. CASE LAW- Nuisance- Common law principles in the case of Rylands vs Fletcher imposed a duty of care on pipelines operators. COMPANY LAW- An incorporated NGO for the specific purpose of protecting the environment from being degraded has sufficient interest to sue. 2 CONSTITUTIONAL LAW- Appellants herein – An NGO has the standing to sue NNPC who had acted in violation of its Constitutional obligation which has occasioned public injury to persons. CONSTITUTIONAL LAW- Court- Duty of by Section 6 of the Constitution- Standing will only be accorded a plaintiff who shows that his civil rights and obligations are in danger. CONSTITUTIONAL LAW- Interpretation of Section 6 of the Constitution and Chapter II should be with mutual conflation of other provisions of the Constitution. CONSTITUTIONAL LAW- Locus standi- Requirements of locus standi are unnecessary where these will impede the purpose of protection of individual rights. CONSTITUTIONAL LAW- Section 6 of the Constitution vests the courts with judicial powers as to whether any act or omission by any Authority or Person is or not in conformity with fundamental objectives and directive principles of state policy. COURT- ClaimsLaw of the plaintiff Companiondetermines the jurisdiction of court. COURT- Duty of by Section 6 of the Constitution- Standing will only be accorded a plaintiff who shows that his civil rights and obligations are in danger. COURT- Judicial powers- Exercise of must be justiceable and based on bonafide assertion. COURT- Locus standi- Courts generally have liberalized the traditional rule on locus standi with respect to environmental degradation. COURT- Section 6 of the Constitution vests the courts with judicial powers as to whether any act or omission by any Authority or Person is or not in conformity with fundamental objectives and directive principles of state policy. COURT- Supervisory power of over legislation by, or acts of the National Assembly. ENVIRONMENTAL LAW- In environmental matters, NGOs have requisite standing to sue to enforce the law and save lives and protect the environment. 3 ENVIRONMENTAL LAW- Locus standi- Courts generally have liberalized the traditional rule on locus standi with respect to environmental degradation. ENVIRONMENTAL LAW- Requirements for Oil Pipelines Licence Holders to Institute mechanism for prevention of accidents and protection of the environment. ENVIRONMENTAL LAW- Role of the state in preserving the environment for public health. EQUITABLE REMEDY- Mandamus- Applicant for leave to apply for mandamus must have locus standi. FUNDAMENTAL OBJECTIVE- Section 6 of the Constitution vests the courts with judicial powers as to whether any act or omission by any Authority or Person is or not in conformity with fundamental objectives and directive principles of state policy. GOVERNMENT- Department of- Where transgressing the law which offends or injures the subject- Anyone, including an NGO can sue to enforce the law. GOVERNMENT-Law In cases against Companion Government- Attorney General is the dominis litis. GOVERNMENT- Role of the state in preserving the environment for public health. GOVERNMENT- State owes the community a duty of care to protect them against noxious and toxicant pollutions. INTERPRETATION OF STATUTES- Interpretation of Section 6 of the Constitution and Chapter II should be with mutual conflation of other provisions of the Constitution. LEGISLATION- Court- Supervisory power of over legislation by, or acts of the National Assembly. LOCUS STANDI- Appellants herein – An NGO has the standing to sue NNPC who had acted in violation of its Constitutional obligation which has occasioned public injury to persons. LOCUS STANDI- Locus standi- Concept of is a common law doctrine developed in the context of private litigation- Its not static but evolves as the need arises. 4 LOCUS STANDI- Locus standi- Courts generally have liberalized the traditional rule on locus standi with respect to environmental degradation. LOCUS STANDI- Locus standi- Liberalizing the outdated technical rule of locus standi to effectively police the corridors of powers will prevent violation of laws. LOCUS STANDI- Locus standi- Meaning of- When one is said to have locus standi. LOCUS STANDI- Locus standi- Rigid adherence to former principles of locus standi will leave unchecked negative consequences of the oil spillage on the community. LOCUS STANDI- Requirements of locus standi are unnecessary where these will impede the purpose of protection of individual rights. MANDAMUS- Mandamus- Applicant for leave to apply for mandamus must have locus standi. N.G.O. – Government- Department of- Where transgressing the law which offends or injures the subject- Anyone including an NGO can sue to enforce the law. NATIONAL ASSEMBLY- Court- Supervisory power of over legislation by, or acts of the National Assembly.Law Companion NGO- An incorporated NGO for the specific purpose of protecting the environment from being degraded has sufficient interest to sue. NGO- Appellants herein – An NGO has the standing to sue NNPC who had acted in violation of its Constitutional obligation which has occasioned public injury to persons. NGO- In environmental matters, NGOs have requisite standing to sue to enforce the law and save lives and protect the environment. NUISANCE- Nuisance- Common law principles in the case of Rylands vs Fletcher imposed a duty of care on pipelines operators. OIL AND GAS- An incorporated NGO for the specific purpose of protecting the environment from being degraded has sufficient interest to sue. 5 OIL AND GAS- Appellants herein – An NGO has the standing to sue NNPC who had acted in violation of its Constitutional obligation which has occasioned public injury to persons. OIL AND GAS- Duty imposed on operators of oil pipelines to effect repairs of their oil pipelines. OIL AND GAS LAW- Locus standi- Courts generally have liberalized the traditional rule on locus standi with respect to environmental degradation. OIL AND GAS- Locus standi- Rigid adherence to former principles of locus standi will leave unchecked negative consequences of the oil spillage on the community. OIL AND GAS- Nuisance- Common law principles in the case of Rylands vs Fletcher imposed a duty of care on pipelines operators. OIL AND GAS- Requirements for Oil Pipelines Licence Holders to Institute mechanism for prevention of accidents and protection of the environment. OIL AND GAS- State owes the community a duty of care to protect them against noxious and toxicant pollutions. PRACTICE ANDLaw PROCEDURE- AnyCompanion judicial statement on matter of public law made before 1950 are likely to be misleading guide to what the law says today. PRACTICE AND PROCEDURE- Claims of the plaintiff determines the jurisdiction of court. PRACTICE AND PROCEDURE- Court- Judicial powers- Exercise of must be justiceable and based on bonafide assertion. PRACTICE AND PROCEDURE- Court-Duty of by Section 6 of the Constitution- Standing will only be accorded a plaintiff who shows that his civil rights and obligations are in danger. PRACTICE AND PROCEDURE- Government- Department of- Where transgressing
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